Wednesday, November 01, 2023

Prove it. Or pay compensation.

"The Allahabad High Court...acquitted Noida resident Surinder Koli and his employer Moninder Singh Pandher in a raft of cases linked to the grisly 2006 murders of at least 19 victims, women and young children among them, on the fringes of the Capital, sparking outrage over the macabre crimes that shook the country nearly two decades ago." "The investigation otherwise is botched up, basic norms of collecting evidence have been brazenly violated," said the division bench of Justices Ashwani Kumar Mishra and Syed Aftab Husain Rizvi. "Upon evaluation of the evidence led in this case, on the touchstone of fair trial guaranteed to an accused under Article 21 of the Constitution of India, we hold that prosecution has failed to prove the guilt of the accused Surinder Koli and Pandher beyond reasonable doubt." Great, wonderful. What about "the touchstone" of justice for the 19 victims? And, if two innocent men have been imprisoned for so many years on false charges, what about a substantial compensation? In 2008, 13-year-old Aarushi Talwar and 45-year-old Hemraj Banjade, employed as domestic help by the Talwar family, were found murdered in Aarushi's home. Her parents, Rajesh and Nupur Talwar, both dentists, were convicted of the murders by a CBI court in 2013, but were found innocent by Allahabad High Court in 2017. wikipedia. "The vaginal orifice of the deceased was unduly large and mouth of the cervix was visible," says the CBI closure report. India Today. Highly possible that the two were discovered having sex and murdered in a fit of rage. Both cases occurred in Uttar Pradesh (UP), where "Ever since Adityanath took over chief minister's post in UP in March 2017, the police have shot dead 190 persons in incidents of alleged exchange of fire that the state terms as 'encounters'. During the same period - March 2017 to September 2023 - the police in UP shot and injured 5,591 persons in these incidents." The Wire. Who knows how many were innocent law-abiding citizens gunned down as collateral damage and then maligned as criminals after death. "Congress MP Shashi Tharoor and Trinamool Congress MP Mahua Moitra have received alerts from Apple that their iPhones faced a possible state-sponsored hacking attempt." DH. Although Apple did not identify which state, memories of Pegasus spyware developed by the Israeli NSO group and sold only to governments (wikipedia), are still fresh. "In what could be one of the biggest data breaches in Indian history, details of over 81.5 crore (815 million) Indian citizens are on sale on the dark web, US based cybersecurity firm Resecurity reported. The data sets on sale contain crucial information such as Aadhaar and passport details, along with names, phone numbers, and addresses, according to the report." ET. This leaves 815 million citizens vulnerable to identity theft. A state is defined as a political body with monopoly power of violence. Britannica. Using that power the state collects taxes, enacts laws and punishes those who break its laws. In return it is supposed to protect citizens from external and internal violence. The Indian state uses extreme surveillance and violence against citizens but leaves us vulnerable to foreign attacks. Also, it actively protects criminals (Matthew John). It is, therefore, illegitimate.       

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